People ex rel. Gonzalez v. Bennett

—Appeal from a judgment of the Supreme Court (Ellison, J.), entered November 2, 1998 in Chemung County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding alleging that the second count of the indictment was jurisdictionally defective because it does not contain factual allegations to support every element of the crime of attempted murder in the first degree. Supreme Court dismissed the petition and we affirm.

Because petitioner could have raised this issue on…